Bill Text: PA HB1547 | 2009-2010 | Regular Session | Amended

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Bill Title: Further providing for issuance, transfer or extension of hotel, restaurant and club liquor licenses, for the definition of "public venue," for public venue licenses, for court jurisdiction on appeals from decision of the board, for hearings before the board and administrative law judges, for revocation of licenses, for increased fines and for renewal of licenses; and providing for licensees engaged in or allowing other businesses on licensed premises.

Spectrum: Moderate Partisan Bill (Democrat 13-4)

Status: (Introduced - Dead) 2010-06-07 - Re-committed to APPROPRIATIONS [HB1547 Detail]

Download: Pennsylvania-2009-HB1547-Amended.html

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PRIOR PRINTER'S NO. 1923 PRINTER'S NO. 3819
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1547 Session of2009
INTRODUCED BY WATERS, BROWN, PRESTON, M. O'BRIEN, CLYMER, CREIGHTON, DONATUCCI, FRANKEL, GROVE, HARKINS, MELIO, MURT, PAYTON, READSHAW, SANTONI, K. SMITH AND YOUNGBLOOD, MAY 29, 2009
AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 26, 2010
AN ACT
Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
reenacted, "An act relating to alcoholic liquors, alcohol and
malt and brewed beverages; amending, revising, consolidating
and changing the laws relating thereto; regulating and
restricting the manufacture, purchase, sale, possession,
consumption, importation, transportation, furnishing, holding
in bond, holding in storage, traffic in and use of alcoholic
liquors, alcohol and malt and brewed beverages and the
persons engaged or employed therein; defining the powers and
duties of the Pennsylvania Liquor Control Board; providing
for the establishment and operation of State liquor stores,
for the payment of certain license fees to the respective
municipalities and townships, for the abatement of certain
nuisances and, in certain cases, for search and seizure
without warrant; prescribing penalties and forfeitures;
providing for local option, and repealing existing laws,"
further providing for issuance, transfer or extension of <--
hotel, restaurant and club liquor licenses, for the <--
definition of "public venue," for public venue licenses, for
court jurisdiction on appeals from decision of the board, for
hearings before the board and administrative law judges, for
revocation of licenses, for increased fines and for renewal
of licenses; and providing for licensees engaged in or <--
allowing other businesses on licensed premises.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 464 of the act of April 12, 1951 (P.L.90, <--
No.21), known as the Liquor Code, reenacted and amended June 29,
1987 (P.L.32, No.14) and amended December 9, 2002 (P.L.1653,
No.212), is amended to read:
Section 1. The definition of "public venue" in section 102 <--
of the act of April 12, 1951 (P.L.90, No.21), known as the
Liquor Code, reenacted and amended June 29, 1987 (P.L.32, No.14)
and amended July 16, 2007 (P.L.107, No.34), is amended to read:
Section 102. Definitions.--The following words or phrases,
unless the context clearly indicates otherwise, shall have the
meanings ascribed to them in this section:
* * *
"Public venue" shall mean a stadium, arena, convention
center, museum, zoo, amphitheater or similar structure. If the
public venue is a cruise terminal owned or leased by a port
authority created under the act of June 12, 1931 (P.L.575,
No.200), entitled "An act providing for joint action by
Pennsylvania and New Jersey in the development of the ports on
the lower Delaware River, and the improvement of the facilities
for transportation across the river; authorizing the Governor,
for these purposes, to enter into an agreement with New Jersey;
creating The Delaware River Joint Commission and specifying the
powers and duties thereof, including the power to finance
projects by the issuance of revenue bonds; transferring to the
new commission all the powers of the Delaware River Bridge Joint
Commission; and making an appropriation," it shall have no
permanent seating requirement. If the public venue is an open-
air amphitheater owned by a port authority created under the act
of December 6, 1972 (P.L.1392, No.298), known as the "Third
Class City Port Authority Act," it shall have no permanent
seating requirement. If the public venue is owned by a political
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subdivision, a municipal authority, the Commonwealth, an
authority created under the act of July 29, 1953 (P.L.1034,
No.270), known as the "Public Auditorium Authorities Law," an
authority created under Article XXV-A of the act of July 28,
1953 (P.L.723, No.230), known as the "Second Class County Code,"
an art museum established under the authority of the act of
April 6, 1791 (3 Sm.L.20, No.1536), entitled "An act to confer
on certain associations of the citizens of this commonwealth the
powers and immunities of corporations, or bodies politic in
law," or an authority created under Article XXIII (n) or (o) of
the act of August 9, 1955 (P.L.323, No.130), known as "The
County Code," it shall have permanent seating for at least one
thousand (1,000) people; otherwise, it shall have permanent
seating for at least two thousand (2,000) people. The term shall
also mean any regional history center, multipurpose cultural and
science facility, museum or convention or trade show center,
regardless of owner and seating capacity, that has a floor area
of at least sixty thousand (60,000) square feet in one building.
The term shall also mean a convention or conference center owned
by a city of the third class or a university which is a member
of the Pennsylvania State System of Higher Education which is
operated by a university foundation or alumni association,
regardless of seating capacity, that has a floor area of at
least fifteen thousand (15,000) square feet in one building. If
the public venue is a zoo, is an accredited member of the
Association of Zoos and Aquariums, occupies at least thirty (30)
acres, has been in existence at least one hundred (100) years
and is located in a city of the first or second class, then it
shall have no square footage or permanent seating requirements.
* * *
20090HB1547PN3819 - 3 -
Section 2. Section 404 of the act, amended January 6, 2006
(P.L.1, No.1), is amended to read:
Section 404. Issuance, Transfer or Extension of Hotel,
Restaurant and Club Liquor Licenses.--(a) Upon receipt of the
application and the proper fees, and upon being satisfied of the
truth of the statements in the application that the applicant is
the only person in any manner pecuniarily interested in the
business so asked to be licensed and that no other person will
be in any manner pecuniarily interested therein during the
continuance of the license, except as hereinafter permitted, and
that the applicant is a person of good repute, that the premises
applied for meet all the requirements of this act and the
regulations of the board, that the applicant seeks a license for
a hotel, restaurant or club, as defined in this act, and that
the issuance of such license is not prohibited by any of the
provisions of this act, the board shall, in the case of a hotel
or restaurant, grant and issue to the applicant a liquor
license, and in the case of a club may, in its discretion, issue
or refuse a license: Provided, however, That in the case of any
new license or the transfer of any license to a new location or
the extension of an existing license to cover an additional area
the board may, in its discretion, grant or refuse such new
license, transfer or extension if such place proposed to be
licensed is within three hundred feet of any church, hospital,
charitable institution, school, or public playground, or if such
new license, transfer or extension is applied for a place which
is within two hundred feet of any other premises which is
licensed by the board: And provided further, That the board's
authority to refuse to grant a license because of its proximity
to a church, hospital, charitable institution, public playground
20090HB1547PN3819 - 4 -
or other licensed premises shall not be applicable to license
applications submitted for public venues or performing arts
facilities: And provided further, That the board shall refuse
any application for a new license, the transfer of any license
to a new location or the extension of an existing license to
cover an additional area if, in the board's opinion, such new
license, transfer or extension would be detrimental to the
welfare, health, peace and morals of the inhabitants of the
neighborhood within a radius of five hundred feet of the place
proposed to be licensed: And provided further, That the board
shall have the discretion to refuse a license to any person or
to any corporation, partnership or association if such person,
or any officer or director of such corporation, or any member or
partner of such partnership or association shall have been
convicted or found guilty of a felony within a period of five
years immediately preceding the date of application for the said
license. The board shall refuse any application for a new
license, the transfer of any license to a new location or the
extension of any license to cover an additional area where the
sale of liquid fuels or oil is conducted. The board may enter
into an agreement with the applicant concerning additional
restrictions on the license in question. If the board and the
applicant enter into such an agreement, such agreement shall be
binding on the applicant. Failure by the applicant to adhere to
the agreement will be sufficient cause to form the basis for a
citation under section 471 and for the nonrenewal of the license
under section 470. If the board enters into an agreement with an
applicant concerning additional restrictions, those restrictions
shall be binding on subsequent holders of the license until the
license is transferred to a new location or until the board
20090HB1547PN3819 - 5 -
enters into a subsequent agreement removing those restrictions.
If the application in question involves a location previously
licensed by the board, then any restrictions imposed by the
board on the previous license at that location shall be binding
on the applicant unless the board enters into a new agreement
rescinding those restrictions. The board may, in its discretion,
refuse an application for an economic development license under
section 461(b.1) or an application for an intermunicipal
transfer of a license if the board receives a protest from the
governing body of the receiving municipality. The receiving
municipality of an intermunicipal transfer or an economic
development license under section 461(b.1) may file a protest
against the transfer of a license into its municipality, and the
receiving municipality shall have standing in a hearing to
present testimony in support of or against the issuance or
transfer of a license. Upon any opening in any quota, an
application for a new license shall only be filed with the board
for a period of six months following said opening.
(b) If a person is seeking a transfer of a hotel, restaurant
or eating place license in a city of the first class, proof or
certification of zoning compliance for the hotel, restaurant or
eating place applying for the license transfer must be submitted
with the application.
Section 3. Section 412(b) and (f)(1) of the act, amended
February 21, 2002 (P.L.103, No.10), are amended to read:
Section 412. Public Venue License.--* * *
(b) An application for a restaurant liquor license under
this section may be made by the owner of the public venue, the
operator of the public venue or by a concessionaire designated
by the governing body of either the owner of the public venue or
20090HB1547PN3819 - 6 -
the operator. The application and issuance of the license is
subject to sections 403 and 404 unless otherwise stated, except
that private banquets and other events at zoos may be held at
any site within the zoo property. The licensing period shall be
as set forth by the board under section 402. The application,
renewal and filing fees shall be as prescribed in section 614-
A(25) of the act of April 9, 1929 (P.L.177, No.175), known as
"The Administrative Code of 1929."
* * *
(f) Licenses issued under this section are to be considered
restaurant liquor licenses. However, the following additional
restrictions and privileges apply:
(1) Sales may only be made one hour before, during and one
hour after any athletic performance, performing arts event,
trade show, convention, banquet or any other performance at the
facility; however, sales may not be made from two o'clock
antemeridian to seven o'clock antemeridian. In addition, sales
may not occur prior to eleven o'clock antemeridian on Sundays or
seven o'clock antemeridian on Mondays. Notwithstanding this
section, facilities that had been licensed under former sections
408.9 and 408.14 and zoos may sell liquor and/or malt or brewed
beverages anytime except from two o'clock antemeridian to seven
o'clock antemeridian or prior to eleven o'clock antemeridian on
Sundays or seven o'clock antemeridian on Mondays, regardless of
whether there is a performance at the facility.
* * *
Section 4. Section 464 of the act, amended December 9, 2002
(P.L.1653, No.212), is amended to read:
Section 464. Hearings Upon Refusal of Licenses, Renewals or
Transfers; Appeals.--The board may of its own motion, and shall
20090HB1547PN3819 - 7 -
upon the written request of any applicant for club, hotel or
restaurant liquor license, or any applicant for any malt or
brewed beverage license other than a public service license, or
for renewal or transfer thereof, or for the renewal of an
amusement permit, whose application for such license, renewal or
transfer, or the renewal of an amusement permit, has been
refused, fix a time and place for hearing of such application
for license or for renewal or transfer thereof, or the renewal
of an amusement permit, notice of which hearing shall be mailed
to the applicant at the address given in his application. Such
hearing shall be before a hearing examiner designated by the
board. At such hearing, the board shall present its reasons for
its refusal or withholding of license, renewal or transfer
thereof, or its refusal for renewal of an amusement permit. The
applicant may appear in person or by counsel, may cross-examine
the witnesses for the board and may present evidence which shall
likewise be subject to cross-examination by the board. Such
hearing shall be stenographically recorded. The hearing examiner
shall thereafter report, with the examiner's recommendation, to
the board in each case. The board shall thereupon grant or
refuse the license, renewal or transfer thereof or the renewal
of an amusement permit. In considering the renewal of a license
or amusement permit, the board shall not refuse any such renewal
on the basis of the propriety of the original issuance or any
prior renewal of such license or amusement permit. If the board
shall refuse such license, renewal or transfer or the renewal of
an amusement permit, following such hearing, notice in writing
of such refusal shall be mailed to the applicant at the address
given in his application. In all such cases, the board shall
file of record at least a brief statement in the form of an
20090HB1547PN3819 - 8 -
opinion of the reasons for the ruling or order and furnish a
copy thereof to the applicant. Any applicant who has appeared at
any hearing, as above provided, who is aggrieved by the refusal
of the board to issue any such license or to renew or transfer
any such license or to issue or renew any amusement permit may
appeal, or any church, hospital, charitable institution, school
or public playground located within three hundred feet of the
premises applied for, aggrieved by the action of the board in
granting the issuance of any such license or the transfer of any
such license, may take an appeal limited to the question of such
grievance, within twenty days from date of refusal or grant, to
the court of common pleas of the county in which the premises or
permit applied for is located. If the application is for an
economic development license under section 461(b.1) or the
intermunicipal transfer of a license, the governing body of the
municipality receiving the new license or the transferred
license may file an appeal of the board decision granting the
license, within twenty days of the date of the board's decision,
to the court of common pleas of the county in which the proposed
premises is located. Such appeal shall be upon petition of the
aggrieved party, who shall serve a copy thereof upon the board,
whereupon a hearing shall be held upon the petition by the court
upon ten days' notice to the board. The said appeal shall,
except in cases involving the renewal of a license, act as a
supersedeas unless upon sufficient cause shown the court shall
determine otherwise. The court shall [hear the application de
novo on questions of fact, administrative discretion and such
other matters as are involved, at such time as it shall fix, of
which notice shall be given to the board. The court shall either
sustain or over-rule the action of the board and either order or
20090HB1547PN3819 - 9 -
deny the issuance of a new license or the renewal or transfer of
the license or the renewal of an amusement permit to the
applicant.] affirm the board unless the board's decision is an
error of law, an abuse of discretion or unless the board's
decision is not supported by substantial evidence.
Section 2 5. Section 470(a) and (b) of the act, amended <--
December 9, 2002 (P.L.1653, No.212) and December 8, 2004
(P.L.1810, No.239), are amended and the section is amended by
adding subsections to read:
Section 470. Renewal of Licenses; Temporary Provisions for
Licensees in Armed Service.--(a) All applications for renewal
of licenses under the provisions of this article shall be filed
with tax clearance from the Department of Revenue and the
Department of Labor and Industry and requisite license and
filing fees at least sixty days before the expiration date of
same: Provided, however, That the board, in its discretion, may
accept nunc pro tunc a renewal application filed less than sixty
days before the expiration date of the license with the required
fees, upon reasonable cause shown and the payment of an
additional filing fee of one hundred dollars ($100.00) for late
filing: And provided further, That except where the failure to
file a renewal application on or before the expiration date has
created a license quota vacancy after said expiration date which
has been filled by the issuance of a new license, after such
expiration date, but before the board has received a renewal
application nunc pro tunc within the time prescribed herein the
board, in its discretion, may, after hearing, accept a renewal
application filed within two years after the expiration date of
the license with the required fees upon the payment of an
additional filing fee of two hundred fifty dollars ($250.00) for
20090HB1547PN3819 - 10 -
late filing. Where any such renewal application is filed less
than sixty days before the expiration date, or subsequent to the
expiration date, no license shall issue upon the filing of the
renewal application until the matter is finally determined by
the board and if an appeal is taken from the board's action the
courts shall not order the issuance of the renewal license until
final determination of the matter by the courts. The board may
enter into an agreement with the applicant concerning additional
restrictions on the license in question. If the board and the
applicant enter into such an agreement, such agreement shall be
binding on the applicant. Failure by the applicant to adhere to
the agreement will be sufficient cause to form the basis for a
citation under section 471 and for the nonrenewal of the license
under this section. A renewal application will not be considered
filed unless accompanied by the requisite filing and license
fees and any additional filing fee required by this section.
Unless the board shall have given ten days' previous notice to
the applicant of objections to the renewal of his license, based
upon violation by the licensee or his servants, agents or
employes of any of the laws of the Commonwealth or regulations
of the board relating to the manufacture, transportation, use,
storage, importation, possession or sale of liquors, alcohol or
malt or brewed beverages, or the conduct of a licensed
establishment, or unless the applicant or its shareholders,
directors, officers, association members, servants, agents or
employes has by his own act become a person of ill repute, or
unless the premises do not meet the requirements of this act or
the regulations of the board, the license of a licensee shall be
renewed.
* * *
20090HB1547PN3819 - 11 -
(b) In cases where a licensee or its servants, agents or
employes are arrested or charged with violating any of the laws
of this Commonwealth or if a licensee has one or more
unadjudicated citations pending against the licensee at the time
a renewal application for the license is pending before the
board, the board may, in its discretion, renew the license;
however, the renewed license may be subsequently revoked by the
board if and when the licensee or its servants, agents or
employes are convicted of the pending criminal charges or when
the citation issued against the license is adjudicated by the
Office of Administrative Law Judge.
In the event the renewal license is revoked by the board,
neither the license fee paid for the license nor any part
thereof shall be returned to the licensee. Any licensee whose
license is revoked shall be ineligible to have a license under
this act until the expiration of three years from the date such
license was revoked. In the event a license is revoked, no
license shall be granted for the premises or transferred to the
premises in which the said license was conducted for a period of
at least one year after the date of the revocation of the
license conducted in the said premises, except in cases where
the licensee or a member of his immediate family is not the
owner of the premises, in which case the board may, in its
discretion, issue or transfer a license within the said year.
* * *
(d) If the renewal of the license is objected to because of
the reputation of the applicant or its shareholders, directors,
officers, association members, servants, agents or employes or
under subsection (a.1), the Director of the Bureau of Licensing
may, in his discretion, grant the applicant temporary operating
20090HB1547PN3819 - 12 -
authority under whatever terms he deems appropriate. Such
operating authority shall not exceed ninety calendar days.
(e) If the renewal of the license is objected to because of
the reputation of the applicant or its shareholders, directors,
officers, association members, servants, agents or employes or
under subsection (a.1), the board shall render a decision on the
application within ninety calendar days.
Section 3 6. Section 471(b) of the act, amended July 6, 2005 <--
(P.L.135, No.39), is amended to read:
Section 471. Revocation and Suspension of Licenses; Fines.--
* * *
(b) Hearing on such citations shall be held in the same
manner as provided herein for hearings on applications for
license. Upon such hearing, if satisfied that any such violation
has occurred or for other sufficient cause, the administrative
law judge shall immediately suspend or revoke the license, or
impose a fine of not less than fifty dollars ($50) nor more than
[one thousand dollars ($1,000)] two thousand dollars ($2,000),
or both, notifying the licensee by registered letter addressed
to his licensed premises. If the licensee has been cited and
found to have violated section 493(1) insofar as it relates to
sales to minors or sales to a visibly intoxicated person,
section 493(10) insofar as it relates to lewd, immoral or
improper entertainment or section 493(14), (16) or (21), or has
been found to be a public nuisance pursuant to section 611, or
if the owner or operator of the licensed premises or any
authorized agent of the owner or operator has been convicted of
any violation of the act of April 14, 1972 (P.L.233, No.64),
known as "The Controlled Substance, Drug, Device and Cosmetic
Act," or of 18 Pa.C.S. § 5902 (relating to prostitution and
20090HB1547PN3819 - 13 -
related offenses) or 6301 (relating to corruption of minors), at
or relating to the licensed premises, the administrative law
judge shall immediately suspend or revoke the license, or impose
a fine of not less than [one thousand dollars ($1,000)] two
thousand dollars ($2,000) nor more than [five thousand dollars
($5,000)] ten thousand dollars ($10,000), or both. If the
licensee has been cited for and found to be knowingly aware of
an illegal firearms transaction which occurs on the licensed
premises, the administrative law judge shall immediately revoke
the license and impose a fine of not less than two thousand
dollars ($2,000) nor more than ten thousand dollars ($10,000).
However, if a licensee has been cited and found to have violated
section 493(1) as it relates to sales to minors or sales to a
visibly intoxicated person but at the time of the sale the
licensee was in compliance with the requirements set forth in
section 471.1 and the licensee had not sold to minors or visibly
intoxicated persons in the previous four years, then the
administrative law judge shall immediately suspend or revoke the
license, or impose a fine of not less than fifty dollars ($50)
nor more than [one thousand dollars ($1,000)] two thousand
dollars ($2,000), or both. The administrative law judge shall
notify the licensee by registered mail, addressed to the
licensed premises, of such suspension, revocation or fine. In
the event the fine is not paid within twenty days of the
adjudication, the administrative law judge shall suspend or
revoke the license, notifying the licensee by registered mail
addressed to the licensed premises. Suspensions and revocations
shall not go into effect until thirty days have elapsed from the
date of the adjudication during which time the licensee may take
an appeal as provided for in this act, except that revocations
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mandated in section 481(c) shall go into effect immediately. Any
licensee whose license is revoked shall be ineligible to have a
license under this act until the expiration of three years from
the date such license was revoked. In the event a license is
revoked, no license shall be granted for the premises or
transferred to the premises in which the said license was
conducted for a period of at least one year after the date of
the revocation of the license conducted in the said premises,
except in cases where the licensee or a member of his immediate
family is not the owner of the premises, in which case the board
may, in its discretion, issue or transfer a license within the
said year. In the event the bureau or the person who was fined
or whose license was suspended or revoked shall feel aggrieved
by the adjudication of the administrative law judge, there shall
be a right to appeal to the board. The appeal shall be based
solely on the record before the administrative law judge. The
board shall only reverse the decision of the administrative law
judge if the administrative law judge committed an error of law,
abused its discretion or if its decision is not based on
substantial evidence. In the event the bureau or the person who
was fined or whose license was suspended or revoked shall feel
aggrieved by the decision of the board, there shall be a right
to appeal to the court of common pleas [in the same manner as
herein provided for appeals from refusals to grant licenses.]
which shall affirm the board unless the board's decision is an
error of law, is an abuse of discretion or unless the board's
decision is not supported by substantial evidence. Each of the
appeals shall act as a supersedeas unless, upon sufficient cause
shown, the reviewing authority shall determine otherwise;
however, if the licensee has been cited and found to have
20090HB1547PN3819 - 15 -
violated section 493(1) insofar as it relates to sales to minors
or sales to a visibly intoxicated person, section 493(10)
insofar as it relates to lewd, immoral or improper entertainment
or section 493(14), (16) or (21), or has been found to be a
public nuisance pursuant to section 611, or if the owner or
operator of the licensed premises or any authorized agent of the
owner or operator has been convicted of any violation of "The
Controlled Substance, Drug, Device and Cosmetic Act," or of 18
Pa.C.S. § 5902 or 6301, at or relating to the licensed premises,
or if the license has been revoked under section 481(c), or if
the license is revoked because of an illegal firearm
transaction, its appeal shall not act as a supersedeas unless
the reviewing authority determines otherwise upon sufficient
cause shown. In any hearing on an application for a supersedeas
under this section, the reviewing authority may consider, in
addition to other relevant evidence, documentary evidence,
including records of the bureau, showing the prior history of
citations, fines, suspensions or revocations against the
licensee; and the reviewing authority may also consider, in
addition to other relevant evidence, evidence of any recurrence
of the unlawful activity occurring between the date of the
citation which is the subject of the appeal and the date of the
hearing. If the reviewing authority is the board, no hearing
shall be held on the application for a supersedeas; however, a
decision shall be made based on the application, answer and
documentary evidence under this subsection. If the application
for a supersedeas is for a license that has been revoked under
section 481(c), the reviewing authority shall grant the
supersedeas only if it finds that the licensee will likely
prevail on the merits. No penalty provided by this section shall
20090HB1547PN3819 - 16 -
be imposed for any violations provided for in this act unless
the bureau notifies the licensee of its nature within thirty
days of the completion of the investigation.
* * *
Section 7. The act is amended by adding a section to read: <--
Section 476. Licensees Engaged in or Allowing Other
Businesses on Licensed Premises.--(a) Unless the board approves
a request submitted by a licensee to do so, a licensee is
prohibited from conducting another business on its licensed
premises, or having an interior connection between its licensed
premises and another business operated by it or a third party.
(b) The board may approve a request for an interior
connection to another business or the operation of another
business on licensed premises under subsection (a) in its
discretion. In determining whether to approve a request under
subsection (a), the board shall consider all relevant evidence
consistent with the provisions of this act. The board shall deny
a request under subsection (a) if the operation of the other
business on the licensed premises would be prohibited by law or
if the proposed licensed premises does not meet all the
requirements of this act and the board's regulations, exclusive
of space devoted to the other business.
(c) All storage and sales of liquor and malt or brewed
beverages shall occur on the licensed premises unless the
licensee is authorized by another provision of this act to sell
alcohol off the licensed premises.
(d) The board may not approve an inside passage or
communication to or with a residence other than a residence of a
licensee, its corporate officers, shareholders or manager.
(e) If the board approves an interior connection between a
20090HB1547PN3819 - 17 -
licensed business and another business, then apart from the
interior connection itself, the businesses must be separated by
a permanent partition at least four feet in height. The
partition may be a wall or any other structure, such as a
railing or shelving, which prevents patrons from traversing
between the businesses except through the approved interior
connections. Each approved interior connection may not be
greater than ten feet in width, absent another law that requires
a greater width.
(f) Unless otherwise approved by the board, the licensed
business and the other business shall have independent outside
access for the public or independent access to a common area,
such as an interior access in an enclosed mall.
(g) The board may only approve an interior connection under
subsection (a) to a business that sells liquid fuels, so long as
no liquid-fuels-related activity occurs on the licensed
premises.
(h) Notwithstanding any other provisions of this section, a
licensee that wishes to become a lottery sales agent may do so
by simply notifying the board in writing of its designation. A
lottery sales agent may engage in any activity on its licensed
premises that is authorized by that designation.
(i) The board may approve an interior connection to another
business regardless of the relative sizes of the licensed
business and the other business.
(j) The board may not approve the operation of another
business by the licensee or a third party if doing so provides a
third party with a pecuniary interest in the licensed business
or if the other business generates more income than the licensed
business.
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(k) The board may approve an interior connection to another
business regardless of the relative sizes of the licensed
business and the other business.
(l) For purposes of this section, "other business" or
"another business" is defined as business activity which is not
directly related to the licensed business. The term includes the
selling of foods in bulk for off-premises consumption, the
selling of unprepared foods and the selling of nonfood items
such as sold by grocery stores, convenience stores, department
stores and supermarkets. The term does not include businesses
and activity intrinsically related to the licensed business,
such as the sale of prepared foods "to go," by a restaurant or
eating place license, or the activities of a pro shop for a
licensed business located on a golf course. Activity that would
otherwise constitute "other business" or "another business" but
which generates less than one thousand dollars ($1,000) in gross
income a year shall not require board approval.
Section 8. Nothing in this act shall be construed as
invalidating the license of an entity already licensed by the
Liquor Control Board and which already has received permission
to either conduct another business on the premises or have an
interior connection to another business, so long as the
arrangement is in conformity with the act.
Section 4 9. This act shall take effect in 60 days. <--
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